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injured, or $1,000,000.00 for any one occurrence or accident, and $1,000,000.00 for <br />property damage. The Owner shall be named as an additional insured under said policies, <br />and shall provide that the Owner shall be notified and informed in the event the policy is <br />canceled or premium payment is not made. Operator further agrees to provide proof of <br />said insurance upon request by the Owner. <br />Permitting: Any permitting fees and bond expenses will be paid and submitted by the <br />Operator. The Owner will cooperate with the Operator with all county, state, and federal <br />permitting issues. <br />Assi¢mnent: The rights and obligations of the parties hereto under this agreement shall <br />insure to the benefit and shall be binding upon the heirs, successors and assigns of the <br />parties. Operator shall be entitled to assign this agreement. <br />Waiver of Breach: The waiver by the Owner of a breach of any provision of this <br />agreement by the Operator shall not operate or be construed as a waiver of any <br />subsequent breach of the Operator. <br />Sever ability: All agreements and covenants contained herein are sever able, and in the <br />event any of them shall be held to be invalid by any competent Court, this agreement <br />shall be interpreted as if such invalid agreements or covenants were not contained herein. <br />Choice of Law: This agreement and its provisions shall be interpreted and enforced <br />under the laws of the State of Colorado. <br />Entire Agreement: This instrument contains the entire agreement of the parties. It may <br />be changed orally but only by an agreement in writing signed by the parties. <br />Attorney's Fees: In the event either party is required to seek counsel or seek redress in a <br />Court of law for enforcement of this contract, the prevailing party in such dispute shall be <br />entitled to reimbursement of reasonable attorney's fees and costs, in addition to any <br />damages found to be due. <br />IN WITNESS <br />the year firsyabpve w <br />& Redi Mix, Inc. <br />Operator <br />the parties have executed this agreement the day of <br />Dat~~ ~~ <br />~~_ /-3 -° <br />Ted Franciscotti Date <br />Owner <br />